2016-25888: Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs

Summary

This final rule implements in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA), which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. The 2013 reauthorization (VAWA 2013) expands housing protections to HUD programs beyond HUD's public housing program and HUD's tenant-based and project- based Section 8 programs (collectively, the Section 8 programs) that were covered by the 2005 reauthorization of the Violence Against Women Act (VAWA 2005). Additionally, the 2013 law provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. Specifically, this rule amends HUD's generally applicable regulations, HUD's regulations for the public housing and Section 8 programs that already pertain to VAWA, and the regulations of programs newly covered by VAWA 2013. In addition to this final rule, HUD is publishing a notice titled the Notice of Occupancy Rights under the Violence Against Women Act (Notice of Occupancy Rights) that certain housing providers must give to tenants and applicants to ensure they are aware of their rights under VAWA and these implementing regulations, a model emergency transfer plan that may be used by housing providers to develop their own emergency transfer plans, a model emergency transfer request form that housing providers could provide to tenants requesting an emergency transfer under these regulations, and a new certification form for documenting incidents of domestic violence, dating violence, sexual assault, and stalking that must be used by housing providers. This rule reflects the statutory changes made by VAWA 2013, as well as HUD's recognition of the importance of providing housing protections and rights to victims of domestic violence, dating violence, sexual assault, and stalking. By increasing opportunities for all individuals to live in safe housing, this will reduce the risk of homelessness and further HUD's mission of utilizing housing to improve quality of life.

The agency’s own summary, as published.

What this changes

Amends 20 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 24 CFR 5 General HUD Program Requirements; Waivers
• 24 CFR 91 Consolidated Submissions for Community Planning and Development Programs
• 24 CFR 92 Home Investment Partnerships Program
• 24 CFR 93 Housing Trust Fund
• 24 CFR 200 Introduction to FHA Programs
• 24 CFR 247 Evictions from Certain Subsidized and HUD-Owned Projects
• 24 CFR 574 Housing Opportunities for Persons with AIDS
• 24 CFR 576 Emergency Solutions Grants Program
• 24 CFR 578 Continuum of Care Program
• 24 CFR 880 Section 8 Housing Assistance Payments Program for New Construction
• 24 CFR 882 Section 8 Moderate Rehabilitation Programs
• 24 CFR 883 Section 8 Housing Assistance Payments Program—State Housing Agencies
• 24 CFR 884 Section 8 Housing Assistance Payments Program, New Construction Set-Aside for Section 515 Rural Rental Housing Projects
• 24 CFR 886 Section 8 Housing Assistance Payments Program—Special Allocations
• 24 CFR 891 Supportive Housing for the Elderly and Persons with Disabilities
• 24 CFR 905 The Public Housing Capital Fund Program
• 24 CFR 960 Admission to, and Occupancy of, Public Housing
• 24 CFR 966 Public Housing Lease and Grievance Procedure
• 24 CFR 982 Section 8 Tenant-Based Assistance: Housing Choice Voucher Program
• 24 CFR 983 Project-Based Voucher (PBV) Program